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352-301866-18 FILED
TARRANT COUNTY
10/11/2018 9:43 AM
THOMAS A. WILDER
CAUSE NO. 352-301866-18 DISTRICT CLERK
DRUE ALLEN HOLLIS § IN THE DISTRICT COURT
§
§
§ TARRANT COUNTY, TEXAS
V. §
§
ACCLAIM PHYSICIAN GROUP, INC. §
§ 352nd JUDICIAL DISTRICT
DEFENDANT ACCLAIM PHYSICIAN GROUP, INC.’S SPECIAL EXCEPTIONS TO
PLAINTIFF’S SECOND AMENDED PETITION, PLAINTIFF’S FIRST
SUPPLEMENTAL PETITION, AND PLAINTIFF’S AMENDED MEMORANDUM IN
SUPPORT OF SECOND AMENDED ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Acclaim Physician Group, Inc., Defendant in the above-styled and
numbered cause, and makes and files this its Special Exceptions to Plaintiff’s Second Amended
Petition, Plaintiff’s First Supplemental Petition, and Plaintiff’s Amended Memorandum in
Support of Second Amended Original Petition and would respectfully show the Court the
following:
I.
On September 13, 2018 at 1:18 a.m., Plaintiff Drue Hollis filed Plaintiff’s Second
Amended Original Petition. On September 13, 2018 at 12:19 p.m., Plaintiff Drue Hollis filed
Plaintiff’s First Supplemental Petition. On September 13, 2018 at 12:19 p.m., Plaintiff filed a
Memorandum of Points and Authority in Support of Second Amended Original Petition. On
September 19, 2018, Plaintiff filed an Amended Memorandum of Points and Authority in
Support of Plaintiff’s Second Amended Original Petition. In an abundance of caution,
Defendant specially excepts to Plaintiff’s Second Amended Original Petition, Plaintiff’s First
Defendant Acclaim Physician Group, Inc.’s Special Exceptions to Plaintiff’s Second Amended Petition,
Plaintiff’s First Supplemental Petition, and Plaintiff’s Amended Memorandum in Support of Second
Amended Petition Page 1
Supplemental Petition, and Plaintiff’s Amended Memorandum of Points and Authority to the
extent each document contradicts and/or supersedes another pleading filed by Plaintiff, and seeks
guidance from the Court in determining Plaintiff’s “live” pleading for purposes of preparing an
adequate defense.
II.
Defendant specially excepts to Plaintiff’s Second Amended Petition, Paragraphs 1 – 5 for
the reason that Plaintiff fails to state sufficient facts to apprise Defendant of specific acts or
omissions. As a result, Defendant is unable to ascertain the type and character of proof
necessary to meet such general allegations at the time of trial. Plaintiff should be required to
replead with particularity or such general allegations should be stricken from the pleadings.
III.
In the alternative, Defendant specially excepts to Plaintiff’s Second Amended Petition,
Paragraphs 1 – 5 for the reason that Plaintiff fails to state sufficient facts to apprise Defendant of
specific misconduct. As a result, Defendant cannot ascertain the type and character of proof
necessary to meet such allegations at the time of trial. Plaintiff should be required to replead
with particularity or such allegations should be stricken from the pleadings.
IV.
Defendant specially excepts to Plaintiff’s Second Amended Petition, Paragraphs 1 – 5 for
the reason that Plaintiff improperly seeks declaratory relief when there is not an alleged
justiciable controversy about the rights and status of the parties. Plaintiff’s claim for declaratory
relief should be stricken from the pleadings.
Defendant Acclaim Physician Group, Inc.’s Special Exceptions to Plaintiff’s Second Amended Petition,
Plaintiff’s First Supplemental Petition, and Plaintiff’s Amended Memorandum in Support of Second
Amended Petition Page 2
V.
Defendant specially excepts to Plaintiff’s Second Amended Petition, Paragraph 5 wherein
Plaintiff seeks recovery for “code violations” for the reason that such damages are not
recoverable by such Plaintiff as a matter of law. Such request for damages should be stricken
from the pleadings.
VI.
Defendant specially excepts to Plaintiff’s First Supplemental Petition, Paragraphs 1 – 11
for the reason that Plaintiff fails to state sufficient facts to apprise Defendant of specific acts or
omissions. As a result, Defendant is unable to ascertain the type and character of proof
necessary to meet such general allegations at the time of trial. Plaintiff should be required to
replead with particularity or such general allegations should be stricken from the pleadings.
VII.
Defendant specially excepts to Plaintiff’s First Supplemental Petition, Paragraphs 1 – 11
for the reason that Plaintiff fails to state a claim upon which relief may be granted. As a result,
Defendant is unable to ascertain the type and character of proof necessary to meet such general
allegations at the time of trial. Plaintiff should be required to replead with particularity or such
general allegations should be stricken from the pleadings.
VIII.
In the alternative, Defendant specially excepts to Plaintiff’s First Supplemental Petition,
Paragraphs 1 – 11 for the reason that Plaintiff fails to state sufficient facts to apprise Defendant
of specific misconduct. As a result, Defendant cannot ascertain the type and character of proof
necessary to meet such allegations at the time of trial. Plaintiff should be required to replead
with particularity or such allegations should be stricken from the pleadings.
Defendant Acclaim Physician Group, Inc.’s Special Exceptions to Plaintiff’s Second Amended Petition,
Plaintiff’s First Supplemental Petition, and Plaintiff’s Amended Memorandum in Support of Second
Amended Petition Page 3
IX.
Defendant specially excepts to Plaintiff’s First Supplemental Petition, Paragraphs 1 – 11
for the reason that Plaintiff fails to identify each specific element of damages for which he seeks
recovery. Plaintiff should be required to replead with particularity or such request for general
damages should be stricken from the pleadings.
X.
Defendant specially excepts to Plaintiff’s Amended Memorandum in Support of Second
Amended Petition, Paragraphs 24 – 47 for the reason that Plaintiff fails to state a claim upon
which relief may be granted. As a result, Defendant is unable to ascertain the type and character
of proof necessary to meet such general allegations at the time of trial. Plaintiff should be
required to replead with particularity or such general allegations should be stricken from the
pleadings.
XI.
Defendant specially excepts to Plaintiff’s Amended Memorandum in Support of Second
Amended Petition, Paragraphs 48 – 50 for the reason that Plaintiff fails to state sufficient facts to
apprise Defendant of specific acts or omissions. As a result, Defendant is unable to ascertain the
type and character of proof necessary to meet such general allegations at the time of trial.
Plaintiff should be required to replead with particularity or such general allegations should be
stricken from the pleadings.
XII.
Defendant specially excepts to Plaintiff’s Amended Memorandum in Support of Second
Amended Petition, Paragraphs 48 – 50 for the reason that Plaintiff fails to identify each specific
Defendant Acclaim Physician Group, Inc.’s Special Exceptions to Plaintiff’s Second Amended Petition,
Plaintiff’s First Supplemental Petition, and Plaintiff’s Amended Memorandum in Support of Second
Amended Petition Page 4
element of damages for which he seeks recovery. Plaintiff should be required to replead with
particularity or such request for general damages should be stricken from the pleadings.
WHEREFORE, PREMISES CONSIDERED, Defendant Acclaim Physician Group, Inc.
prays that the Court hear and sustain these Exceptions, that such Exceptions be granted in all
respects, that the Court enter an Order that Plaintiff amend his pleadings or, in the alternative,
that Plaintiff's pleadings be stricken in whole or in part. Defendant further prays for such other
and further relief, both general and special, at law or in equity, to which Defendant may show
itself to be justly entitled.
Respectfully submitted,
CANTEY HANGER LLP
Cantey Hanger Plaza
600 W. 6th Street, Suite 300
Fort Worth, Texas 76102-3685
Telephone: (817) 877-2800
Facsimile: (817) 877-2807
By: /s/ Keegan E. Sorenson
Jordan M. Parker
State Bar No. 15491400
jparker@canteyhanger.com
Keegan E. Sorenson
State Bar No. 24077890
ksorenson@canteyhanger.com
ATTORNEYS FOR DEFENDANT
ACCLAIM PHYSICIAN GROUP, INC.
Defendant Acclaim Physician Group, Inc.’s Special Exceptions to Plaintiff’s Second Amended Petition,
Plaintiff’s First Supplemental Petition, and Plaintiff’s Amended Memorandum in Support of Second
Amended Petition Page 5
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this document was served in the following
manner to the following individual on October 11, 2018:
VIA CERTIFIED MAIL AND E-SERVICE
Mr. Drue Hollis
P.O. Box 100653
Fort Worth, Texas 76185
/s/ Keegan E. Sorenson
Keegan E. Sorenson
Defendant Acclaim Physician Group, Inc.’s Special Exceptions to Plaintiff’s Second Amended Petition,
Plaintiff’s First Supplemental Petition, and Plaintiff’s Amended Memorandum in Support of Second
Amended Petition Page 6
Preview
352-301866-18 FILED TARRANT COUNTY 10/11/2018 9:43 AM THOMAS A. WILDER CAUSE NO. 352-301866-18 DISTRICT CLERK DRUE ALLEN HOLLIS § IN THE DISTRICT COURT § § § TARRANT COUNTY, TEXAS V. § § ACCLAIM PHYSICIAN GROUP, INC. § § 352nd JUDICIAL DISTRICT DEFENDANT ACCLAIM PHYSICIAN GROUP, INC.’S SPECIAL EXCEPTIONS TO PLAINTIFF’S SECOND AMENDED PETITION, PLAINTIFF’S FIRST SUPPLEMENTAL PETITION, AND PLAINTIFF’S AMENDED MEMORANDUM IN SUPPORT OF SECOND AMENDED ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Acclaim Physician Group, Inc., Defendant in the above-styled and numbered cause, and makes and files this its Special Exceptions to Plaintiff’s Second Amended Petition, Plaintiff’s First Supplemental Petition, and Plaintiff’s Amended Memorandum in Support of Second Amended Original Petition and would respectfully show the Court the following: I. On September 13, 2018 at 1:18 a.m., Plaintiff Drue Hollis filed Plaintiff’s Second Amended Original Petition. On September 13, 2018 at 12:19 p.m., Plaintiff Drue Hollis filed Plaintiff’s First Supplemental Petition. On September 13, 2018 at 12:19 p.m., Plaintiff filed a Memorandum of Points and Authority in Support of Second Amended Original Petition. On September 19, 2018, Plaintiff filed an Amended Memorandum of Points and Authority in Support of Plaintiff’s Second Amended Original Petition. In an abundance of caution, Defendant specially excepts to Plaintiff’s Second Amended Original Petition, Plaintiff’s First Defendant Acclaim Physician Group, Inc.’s Special Exceptions to Plaintiff’s Second Amended Petition, Plaintiff’s First Supplemental Petition, and Plaintiff’s Amended Memorandum in Support of Second Amended Petition Page 1 Supplemental Petition, and Plaintiff’s Amended Memorandum of Points and Authority to the extent each document contradicts and/or supersedes another pleading filed by Plaintiff, and seeks guidance from the Court in determining Plaintiff’s “live” pleading for purposes of preparing an adequate defense. II. Defendant specially excepts to Plaintiff’s Second Amended Petition, Paragraphs 1 – 5 for the reason that Plaintiff fails to state sufficient facts to apprise Defendant of specific acts or omissions. As a result, Defendant is unable to ascertain the type and character of proof necessary to meet such general allegations at the time of trial. Plaintiff should be required to replead with particularity or such general allegations should be stricken from the pleadings. III. In the alternative, Defendant specially excepts to Plaintiff’s Second Amended Petition, Paragraphs 1 – 5 for the reason that Plaintiff fails to state sufficient facts to apprise Defendant of specific misconduct. As a result, Defendant cannot ascertain the type and character of proof necessary to meet such allegations at the time of trial. Plaintiff should be required to replead with particularity or such allegations should be stricken from the pleadings. IV. Defendant specially excepts to Plaintiff’s Second Amended Petition, Paragraphs 1 – 5 for the reason that Plaintiff improperly seeks declaratory relief when there is not an alleged justiciable controversy about the rights and status of the parties. Plaintiff’s claim for declaratory relief should be stricken from the pleadings. Defendant Acclaim Physician Group, Inc.’s Special Exceptions to Plaintiff’s Second Amended Petition, Plaintiff’s First Supplemental Petition, and Plaintiff’s Amended Memorandum in Support of Second Amended Petition Page 2 V. Defendant specially excepts to Plaintiff’s Second Amended Petition, Paragraph 5 wherein Plaintiff seeks recovery for “code violations” for the reason that such damages are not recoverable by such Plaintiff as a matter of law. Such request for damages should be stricken from the pleadings. VI. Defendant specially excepts to Plaintiff’s First Supplemental Petition, Paragraphs 1 – 11 for the reason that Plaintiff fails to state sufficient facts to apprise Defendant of specific acts or omissions. As a result, Defendant is unable to ascertain the type and character of proof necessary to meet such general allegations at the time of trial. Plaintiff should be required to replead with particularity or such general allegations should be stricken from the pleadings. VII. Defendant specially excepts to Plaintiff’s First Supplemental Petition, Paragraphs 1 – 11 for the reason that Plaintiff fails to state a claim upon which relief may be granted. As a result, Defendant is unable to ascertain the type and character of proof necessary to meet such general allegations at the time of trial. Plaintiff should be required to replead with particularity or such general allegations should be stricken from the pleadings. VIII. In the alternative, Defendant specially excepts to Plaintiff’s First Supplemental Petition, Paragraphs 1 – 11 for the reason that Plaintiff fails to state sufficient facts to apprise Defendant of specific misconduct. As a result, Defendant cannot ascertain the type and character of proof necessary to meet such allegations at the time of trial. Plaintiff should be required to replead with particularity or such allegations should be stricken from the pleadings. Defendant Acclaim Physician Group, Inc.’s Special Exceptions to Plaintiff’s Second Amended Petition, Plaintiff’s First Supplemental Petition, and Plaintiff’s Amended Memorandum in Support of Second Amended Petition Page 3 IX. Defendant specially excepts to Plaintiff’s First Supplemental Petition, Paragraphs 1 – 11 for the reason that Plaintiff fails to identify each specific element of damages for which he seeks recovery. Plaintiff should be required to replead with particularity or such request for general damages should be stricken from the pleadings. X. Defendant specially excepts to Plaintiff’s Amended Memorandum in Support of Second Amended Petition, Paragraphs 24 – 47 for the reason that Plaintiff fails to state a claim upon which relief may be granted. As a result, Defendant is unable to ascertain the type and character of proof necessary to meet such general allegations at the time of trial. Plaintiff should be required to replead with particularity or such general allegations should be stricken from the pleadings. XI. Defendant specially excepts to Plaintiff’s Amended Memorandum in Support of Second Amended Petition, Paragraphs 48 – 50 for the reason that Plaintiff fails to state sufficient facts to apprise Defendant of specific acts or omissions. As a result, Defendant is unable to ascertain the type and character of proof necessary to meet such general allegations at the time of trial. Plaintiff should be required to replead with particularity or such general allegations should be stricken from the pleadings. XII. Defendant specially excepts to Plaintiff’s Amended Memorandum in Support of Second Amended Petition, Paragraphs 48 – 50 for the reason that Plaintiff fails to identify each specific Defendant Acclaim Physician Group, Inc.’s Special Exceptions to Plaintiff’s Second Amended Petition, Plaintiff’s First Supplemental Petition, and Plaintiff’s Amended Memorandum in Support of Second Amended Petition Page 4 element of damages for which he seeks recovery. Plaintiff should be required to replead with particularity or such request for general damages should be stricken from the pleadings. WHEREFORE, PREMISES CONSIDERED, Defendant Acclaim Physician Group, Inc. prays that the Court hear and sustain these Exceptions, that such Exceptions be granted in all respects, that the Court enter an Order that Plaintiff amend his pleadings or, in the alternative, that Plaintiff's pleadings be stricken in whole or in part. Defendant further prays for such other and further relief, both general and special, at law or in equity, to which Defendant may show itself to be justly entitled. Respectfully submitted, CANTEY HANGER LLP Cantey Hanger Plaza 600 W. 6th Street, Suite 300 Fort Worth, Texas 76102-3685 Telephone: (817) 877-2800 Facsimile: (817) 877-2807 By: /s/ Keegan E. Sorenson Jordan M. Parker State Bar No. 15491400 jparker@canteyhanger.com Keegan E. Sorenson State Bar No. 24077890 ksorenson@canteyhanger.com ATTORNEYS FOR DEFENDANT ACCLAIM PHYSICIAN GROUP, INC. Defendant Acclaim Physician Group, Inc.’s Special Exceptions to Plaintiff’s Second Amended Petition, Plaintiff’s First Supplemental Petition, and Plaintiff’s Amended Memorandum in Support of Second Amended Petition Page 5 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this document was served in the following manner to the following individual on October 11, 2018: VIA CERTIFIED MAIL AND E-SERVICE Mr. Drue Hollis P.O. Box 100653 Fort Worth, Texas 76185 /s/ Keegan E. Sorenson Keegan E. Sorenson Defendant Acclaim Physician Group, Inc.’s Special Exceptions to Plaintiff’s Second Amended Petition, Plaintiff’s First Supplemental Petition, and Plaintiff’s Amended Memorandum in Support of Second Amended Petition Page 6